Both Ends Against the Middle: European Integration, Devolution, and the Sites of Sovereignty in the United Kingdom

Abstract

This paper proposes that the British doctrine of parliamentary sovereignty is slowly breaking down in practice, if not yet in theory. There appears to be an increasing recognition of alternative sources of law in the United Kingdom. These alternative sources are presently to be found in the European Community and the newly created regional assemblies. Even if the doctrine of parliamentary sovereignty continues to remain the theoretical basis of the United Kingdom's constitution, the additional sites wherefrom sovereignty is effectively exercised will likely become normatively entrenched. A quasi-federal division of both legislative and executive powers between the Westminster Parliament, European institutions, and domestic regional assemblies threatens to supplant, either formally or in fact, the unitary conception of sovereignty.

Keywords: United Kingdom, devolution, European Union, sovereignty, Scotland Act, Human Rights Act, European Communities Act, federalism